USPTO Patents Application 09870801

\ t

EXfflBIT B

PLR 4-3ft>) - The Parties* Construction of Disputed Terms & Phrases

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

1.

aspect
683.2

501.35

900.155
912.8

Feature, element, property or state.

An aspect of an environment is a
persistent element or property of that
environment that can be used to
distinguish it from other
environments.

2.

authentication
193.15

Identifying (e.g., a person, device,
organization, document, file, etc.).
Includes uniquely identifying or
identifying as a member of a group.

To establish that the following
asserted characteristics of something
(e.g., a person, device, organization,
document, file, etc.) are genuine: its
identity, its data integrity, (i.e., it has
not been altered) and its origin
integrity (i.e., its source and time of
origination).

3.

budget
193.1

V

Information specifying a limitation
on usage.

(1) A unique type of "method" that
specifies a decrementable numerical
limitation on future Use (e.g.,
copying) of digital information and

hnw cuph TTcft will Vip "nsiiH "far i*F nt
HUW ollls!! U3v Will \Js*> UCUU Ivsl, 11 al

all.

(2) A "method" is a collection of
basic instructions, and information
related to basic instructions, that
provides context, data, requirements,
and/or relationships for use in
performing, and/or preparing to
perform, basic instructions in
relation to the operation of one or
more electronic appliances.

4.

clearinghouse
193.19

A piU VI CICI UI Illl dllLlal allU/UI

administrative services for a number
of entities; or an entity responsible
for the collection, maintenance,
and/or distribution of materials,
information, licenses, etc.

A rnmTinter svstem that nrovide^
intermediate storing and forwarding
services for both content and audit
information, and which two or more
parties trust to provide its services
independently because it is operated
under constraint of VDE security.
(2) "Audit information" means all
information created, stored, or
reported in connection with an
"auditing" process. "Auditing"

EXHIBIT B TO JOINT C

LAIM CONSTRUCTION STATEMENT

Page 1 of 23

% %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

means tracking, metering and
reporting the usage of particular
information or a particular
appliance.

5.

compares
900.155

Normal English: examines for the
purpose of noting similarities and
differences.

A processor operation that evaluates
two quantities and sets one of three
flag conditions as a result of the
comparison - greater than, less than,
or equal to.

6.

component
assembly

912.8, 912.35

Components are code and/or data
elements that are independently
deliverable. A Component
Assembly is two or more
components associated together.
Component Assemblies are utilized
to perform operating system and/or
applications tasks.

(1) A cohesive Executable
component created by a channel
which binds or links together two or
more independently deliverable
Load Modules (see below), and
associated data.

(2) A Component Assembly is
assembled, and executes, only
within a VDE Secure Processing
Environment (see below).

(3) A Component Assembly is
assembled dynamically in response
to, and to service, a particular
content-related activity (e.g., a
particular Use request).

(4) Each VDE Component
Assembly is assigned and dedicated
to a particular activity, particular
user(s), and particular protected
information.

(5) Each Component Assembly is
independently assembled, loadable
and deliverable vis-a-vis other
Component Assemblies.

(6) The dynamic assembly of a
Component Assembly is directed
by a "blueprint" Record (see below)
Containing control information for
this particular activity on this
particular information by this

Tior+irnlor ncPflc i
pdJULUlar UdCI^o^.

(7) Component Assemblies are

extensible and can be configured
and reconfigured (modified) by all
users, and combined by all users
with other Component Assemblies,

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 2 of 23

\ %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

subject only to other users' "senior"
Controls.

For the purposes of the construction
of "Component Assembly," a "Load
Module" is defined as follows: An
Executable, modular unit of
machine code (which may include
data) suitable for loading into
memory for execution by a
processor. A load module is
encrypted (when not within a secure
processing unit) and has an
Identifier that a calling process
must provide to be able to use the
load module. A load module is
combinable with other load
modules, and associated data, to
form Executable Component
Assemblies. A load module can
execute only in a VDE Protected
Processing Environment. Library
routines are not load modules and
dynamic link libraries are not load
modules.

For the purposes of the construction
of "Component Assembly," a
"Secure Processing Environment" is
defined as follows: A Secure
Processing Environment is uniquely
identifiable, self-contained, non-
circumventable, and trusted by all
other VDE nodes to protect the
availability, secrecy, integrity and
authenticity of all information
identified in the patent application as
being protected, and to guarantee
that such information will be
accessed and Used only as expressly
authorized by the associated VDE
Controls, and to guarantee that all
requested reporting of and payments
for protected information use will be
made. A Secure Processing

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 3 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

Environment is formed by, and
requires, a Secure Processing Unit
having a hardware Tamper
Resistant Barrier encapsulating a
processor and internal Secure
memory. The Tamper Resistant
Barrier prevents all unauthorized
interference, removal, observation,
and other Use of the information and
processes within it.

For the purposes of the construction
of "Component Assembly," a
"Record* is defined as follows: A
data structure that is a collection of
fields (elements), each with its own
name and type. Unlike an array,
whose elements are accessed using
an index, the elements of a record
are accessed by name. A record can
be accessed as a collective unit of
elements, or the elements can be
accessed individually.

7.

contain
683.2

912.8,912.35

Normal English: to have within or
to hold. In the context of an element
contained within a data structure

(e.g., a secure container), the
contained element may be either
directly within the container or the
container may hold a reference
indicating where the element may be
found.

Physically (directly) storing within,
as opposed to addressing (i.e.,
referring to something by the
explicitly identified location where it
is stored, without directly storing it).

8.

control (n.)

193.1, 193.11,
193.15, 193.19
683.2
891.1

Information and/or programming
controlling operations on or use of
resources (e.g., content) including
(a) permitted, required or prevented
operations, (b) the nature or extent
of such operations or (c) the
consequences of such operations.

(1) Independent, special-purpose,
Executable, which can execute only
within a Secure Processing
Environment.

(2) Each VDE Control is a
Component Assembly dedicated to
a particular activity (e.g., editing,
modifvint? another Control a user-
defined action, etc.), particular
user(s), and particular protected
information, and whose satisfactory
execution is necessary to Allowing
(see below) that activity.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 4 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

(3) Each separate information
Access (see below) or Use is
independently Controlled by
independent VDE Control(s).

(4) Each VDE Control is assembled
within a Secure Processing
Environment from independently
deliverable modular components
(e.g., Load Modules or other
Controls), dynamically in response
to an information Access or Use
Request

(5) The dynamic assembly of a
Control is directed by a "blueprint"
Record (put in place by one or more
VDE users) Containing control
information identifying the exact
modular code components to be
assembled and executed to govern
(i.e., Control) this particular activity
on this particular information by this
particular user(s).

(6) Each Control is independently
assembled, loaded and delivered vis-
a-vis other Controls.

(7) Control information and
Controls are extensible and can be
configured and modified by all
users, and combined by all users
with any other VDE control
information or Controls (including
that provided by other users), subject
only to "senior" user Controls.

(8) Users can assign control
information (including alternative
control information) and Controls to
an arbitrarily fine, user-defined
portion of the protected information,
such as a single paragraph of a
document, as opposed to being
limited to file-based controls.

(9) VDE Controls reliably limit Use
of the protected information to only
authorized activities and amounts.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 5 of 23

\ »

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

For the purposes of the construction
of "Control," a "Secure Processing
Environment'* is defined as set forth
in item #6, above.

For the purposes of the construction
of "Control/' "Allowing" is defined
as follows: Actively permitting an
action that otherwise cannot be
taken (i.e., is prohibited) by any
user, process, or device. In VDE, an
action is allowed only through
execution (within a Secure
Processing Environment) of the
VDE Control(s) assigned to the
particular action request, and
satisfaction of all requirements
imposed by such execution.

For the purposes of the construction
of "Control," "Access" is defined as
follows: To satisfactorily perform
the steps necessary to obtain
something so that it can be Used in
some manner (e.g., for information:
copied, printed, decrypted,
encrypted, saved, modified,
observed, or moved, etc.). In VDE,
access to protected information is
achieved only through execution
(within a Secure Processing
Environment) of the VDE
Control(s) assigned to the particular
"access" request, satisfaction of all
requirements imposed by such
execution, and the Controlled
opening of the Secure Container
Containing the information.

For the purposes of the construction
of "Control " "Load Module" and
"Record' are defined as set forth in
item #6, above.

9.

controlling, control
(v.)

Normal English: to exercise
authoritative or dominating
influence over; direct.

(I) Reliably defining and enforcing
the conditions and requirements
under which an action that otherwise

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 6 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

193.1
861.58

cannot be taken, will be Allowed,
and the manner in which it may
occur. Absent verified satisfaction
of those conditions and
requirements, the action cannot be
taken by any user, process or device.

(2) In VDE, an action is Controlled
through execution of the applicable
VDE Control(s) within a VDE
Secure Processing Environment.

(3) More specifically, in VDE,
Controlling is effected by use of
VDE Controls, VDE Secure
Containers, and VDE foundation
(including VDE Secure Processing
Environment^ "object registration,"
and other mechanisms for allegedly
individually ensuring that specific
Controls are enforced vis-^-vis
specific objects (and their content at
an arbitrary granular level) and
specific "users").

For the purposes of the construction
of "Control (v.)" et al, "Allowed* is
defined as set forth in item #8,
above, and lt Secure Processing
Environment" is defined as set forth
in item #6, above.

10.

copy, copied,
copying

193.1,193.11,
193.15, 193.19

Reproduce, reproduced,
reproducing. The reproduction must
be usable, may incorporate all of the
original item or only some of it, and
may involve some changes to the
item as long as the essential nature
of the content remains unchanged.

(1) To reproduce all of a Digital File
or other complete physical block of
data from one location on a storage
medium to another location on the
same or different storage medium,
leaving the original block of data
unchanged, such that two distinct
and independent objects exist.

(2) Although the layout of the data
values in physical storage may differ
irom ine original, me resulting
"copy" is logically indistinguishable
from the original.

(3) The resulting "copy" may or may
not be encrypted, ephemeral, usable,
or accessible.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 7 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

For the purposes of the construction
of "Copy," et al, a "Digital File" is
defined as: A named, static unit of
storage allocated by a "file system"
and Containing digital information.
A digital file enables any application
using the "file system" to randomly
access its contents and to distinguish
it by name from every other such
unit. A copy of a digital file is a
separate digital file, A "file system"
is the nortion of the oneratino
system that translates requests made
by application programs for
operations on "files" into low-level
tasks that can control storage
devices such as disk drives.

11.

derive
900,155

Normal English: obtain, receive or
am vc aL inrougn a process oi
reasoning or deduction. In the
context of computer operations, the
"process of reasoning or deduction"
constitutes operations carried out by
the computer.

To retrieve from a specified source.

12.

designating
721.1

Normal English: indicating,
specifying, pointing out or
characterizing.

Designating something for a
particular Use means specifying it
for and restricting it to that Use.

13.

device class
721.1

A group of devices which share at
least one attribute.

The generic name for a group of
device types. For example, all
display stations belong to the same
device class. A device class is
different from a device type. A
device type is composed of all
devices that share a common model
number or family (e.g. IBM 4331
printers).

14.

digital signature,
digitally signing

721.1

digital signature: A digital value,
verifiable with a key, that can be
used to determine the source and/or
integrity of a signed item (e.g., a
file, program, etc.).

Digitally signing is the process of
creating a digital signature.

digital signature: A computationally
unforgeable string of characters
fe 2 bits} venerated bv a
cryptographic operation on a block
of data using some secret. The
string can be generated only by an
entity that knows the secret, and
hence provides evidence that the

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 8 of 23

\ %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

entity must have generated it.

digitally sienins:

(1) Creating a Digital Signature
using a secret Key (see below).

(2) In symmetric key cryptography,
a "secret key" is a Key that is known
only to the sender and recipient. In
asymmetric key cryptography, a
"secret key" is the private Key of a
public/private key pair, in which the
two keys are related uniquely by a
predetermined mathematical
relationship such that it is
computationally infeasible to
determine one from the other.

For the purposes of the construction
of "Digital Signature" and "Digital
Signing," a "Key" is defined as: A
bit sequence used and needed by a
cryptographic algorithm to encrypt a
block of plain text or to decrypt a
block of cipher text. A key is
different from a key seed or other
information from which the actual
encryption and/or decryption key is
constructed, Derived, or otherwise
identified. In symmetric key
cryptography, the same key is used
for both encryption and decryption.
In asymmetric or "public key"
cryptography, two related keys are
used; a block of text encrypted by
one of the two keys (e.g., the "public
key") can be decrypted only by the
corresponding key (e.g., the "private
key").

15.

executable
programmi n g ,
executable

721.34
912.8, 912.35

A computer program that can be run,

uircuiiy or inruugn iiiicijjicuiu<jh.

executable: A cohesive series of

mflphinp rnHe instructions in a

lX10\f LLl 111*' LUUW IllOUUvUvlIO 111 CI

format that can be loaded into
memory and run (executed) by a
connected processor.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 9 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

executable programming: A
cohesive series of machine code
instructions, comprising a computer
program, in a format that can be
loaded into memory and run
(executed) by a connected processor.
A "computer program" is a complete
series of definitions and instructions
that when executed on a computer
will perform a required or requested
task.

16.

host processing
environment

900.155

This term is explicitly defined in the
claim and therefore needs no
additional definition. It consists of
those elements listed in the claim.

Without waiving its position that no
separate definition is required, if
required to propose such a
definition, InterTrust proposes the
following: a Protected Processing
Environment incorporating
software-based security.

(1) A processing environment within
a VDE node which is not a Secure
Processing Environment.

(2) A "host processing environment"
may either be "secure" or "not
secure."

(3) A "secure host processing
environment" is a self-contained
Protected Processing
Environment, formed by loaded,
Executable programming executing
on a general purpose CPU (not a
Secure Processing Unit ) running in
protected (privileged) mode.

(4) A "non-secure host processing
environment" is formed by loaded,
Executable programming executing
on a general purpose CPU (not a
Secure Processing Unit) running in
user mode.

For the purposes of the construction
of "host processing environment," a
"Secure Processing Environment* is
defined as set forth in item #6,
above.

17.

identifier

193.15
912.8

Information used to identify
sometmng or someone (e.g., a
password).

In this definition, "identify" means
to establish the identity of or to
ascertain the origin, nature, or

Any text string used as a label
naming an maiviauai instance or
what it Identifies.

For the purpose of the construction
of "Identifier," "Identify" is defined
as: To establish as being a particular

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 10 of 23

% %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

definitive characteristics of; includes
identifying as an individual or as a
member of a group.

instance of a person or thing.

18.

protected

processing

environment

683.2
721.34

An environment in which processing
and/or data is at least in part
protected from tampering. The level
of protection can vary, depending on
the threat.

In this definition, "environment"
means capabilities available to a
program running on a computer or
other device or to the user of a
computer or other device.
Depending on the context, the
environment may be in a single
device (e.g., a personal computer) or
may be spread among multiple
devices (e.g., a network).

(1) A uniquely identifiable, self-
contained computing base trusted by
all VDE nodes to protect the
availability, secrecy, integrity and
authenticity of all information
identified in the February, 1995,
patent application as being
protected, and to guarantee that such
information will be Accessed and
Used only as expressly authorized
by VDE Controls.

(2) At most VDE nodes, the
Protected Processing Environment
is a Secure Processing Environment
which is formed by, and requires, a
hardware Tamper Resistant
Barrier encapsulating a special-
purpose Secure Processing Unit
having a processor and internal
secure memory. "Encapsulated"
means hidden within an object so
that it is not directly accessible but
rather is accessible only through the
object's restrictive interface.

(3) The Tamper Resistant Barrier
prevents all unauthorized
(intentional or accidental)
interference, removal, observation,
and use of the information and
processes within it, by all parties
(including all users of the device in
which the Protected Processing
Environment resides), except as
expressly authorized by VDE
Controls.

(4) A Protected Processing
Environment is under Control of
Controls and control information
provided by one or more parties,
rather than being under Control of
the appliance's users or programs.

(5) Where a VDE node is an

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 11 of 23

\ t

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

established financial
Clearinghouse, or other such
facility employing physical facility
and user-identity Authentication
security procedures trusted by all
VDE nodes, and the VDE node does
not Access or Use VDE-protected
information, or assign VDE control
information, then the Protected
Processing Environment at that
VDE node may instead be formed
by a general-puipose CPU that
executes all VDE "security"
processes in protected (privileged)
mode.

(6) A Protected Processing
Environment requires more than
just verifying the integrity of
Digitally Signed Executable
programming prior to execution of
the programming; or concealment of
the program, associated data, and
execution of the program code; or
use of a password as its protection
mechanism.

For the purposes of the construction

Environment," a "Secure Processing
Environment is defined as set forth
in item #6, above, and "Access" is
defined as set forth in item #8,
above.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 12 of 23

\ t

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

19.

secure, securely

193.1, 193.11,

193.15

683.2

721.34

861.58

891.1

912.8,912.35

One or more mechanisms are
employed to prevent, detect or
discourage misuse of or interference
with information or processes.
Such mechanisms may include
concealment, Tamper Resistance,
Authentication and access control.
Concealment means that it is
difficult to read information (for
example, programs may be
encrypted). Tamper Resistance and
Authentication are separately
defined. Access control means that
access to information or processes is
limited on the basis of authorization.
Security is not absolute, but is
designed to be sufficient for a
particular purpose.

(1) A state in which all users of a
system are guaranteed that all
information, processes, and devices
within the system, shall have their
availability, secrecy, integrity,
authenticity and nonrepudiation
maintained against all of the
identified threats thereto.

(2) "Availability" means the
property that information is
accessible and usable upon demand
by authorized persons, at least to the
extent that no user may delete the
information without authorization.

(3) "Secrecy," also referred to as
confidentiality, means the property
that information (including
computer processes) is not made
available or disclosed to
unauthorized persons or processes.

(4) "Integrity" means the property
that information has not been altered
either intentionally or accidentally.

(5) "Authenticity" means the
property that the characteristics
asserted about a person, device,
program, information, or process are
genuine and timely, particularly as
to identity, data integrity, and origin

(6) "Nonrepudiation" means the
property that a sender of information
cannot deny its origination and that a
recipient of information cannot deny
its receipt.

20.

secure container

683.2
861.58
912 35

A container that is Secure.

In this definition, "container" means
a digital file containing linked
and/or embedded items.

(1) A VDE Secure Container is a

self-contained, self-protecting data
structure which (a) encapsulates
information of arbitrary size, type,
format, and organization, including
other, nested, containers, (b)
cryptographically protects that
information from all unauthorized
Access and Use, (c) provides
encrypted storage management

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 13 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

functions for that information, such
as hiding the physical storage
location(s) of its protected contents,
(d) permits the association of itself
or its contents with Controls and
control information governing
(Controlling) Access to and Use
thereof, and (e) prevents such Use or
Access (as opposed to merely
preventing decryption) until it is
"opened."

(2) A Secure Container can be

opened only as expressly Allowed by
the associated VDE Control(s),
only within a Secure Processing
Environment, and only through
decryption of its encrypted header.

(3) A Secure Container is not
directly accessible to any non-VDE
or user calling process. All such
calls are intercepted by VDE.

(4) The creator of a Secure
Container can assign (or allow
others to assign) control information
to any arbitrary portion of a Secure
Container's contents, or to an
empty Secure Container (to govern
(Control) the later addition of
contents to the container, and Access
to or Use of those contents).

(5) A container is not a Secure
Container merely because its
contents are encrypted and signed.
A Secure Container is itself
Secure.

(6) All VDE-protected information
(including protected content,
information about content usage,
content-control information,
Controls, and Load Modules) is
encapsulated within a Secure
Container whenever stored outside
a Secure Processing Environment or
secure database.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 14 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

For the purposes of the construction
of "Secure Container," "Secure
Processing Environment" and "Load
Module" are defined as set forth in
item #6, above, and "Access" and
"Allow" are defined as set forth in
item #8, above.

21.

tamper resistance
721.1

Making tampering more difficult
and/or allowing detection of
tampering.

In this definition, "tampering"
means using (e.g., observing or
altering) in any unauthorized
manner, or interfering with
authorized use.

tamper resistance: The abilitv of a
Tamper Resistant Barrier to
prevent Access, observation, and
interference with information or
processing encapsulated by the
barrier.

For the purposes of the construction
of 'Tamper Resistance,"
"Tamper/T ampering" is defined as:
Using (e.g., observing or altering) in
any unauthorized manner, or
interfering with authorized use.

For the purposes of the construction
of "Tamper Resistance," '"Access"
is defined as set forth in item # 6,
above.

22.

tamper resistant
barrier

721.34

Hardware and/or software that
provides Tamper Resistance.

(1) An active device that
encapsulates and separates a
Protected Processing Environment
from the rest of the world.

(2) It prevents information and
processes within the Protected
Processing Environment from
being observed, interfered with, and
leaving except under appropriate
conditions ensuring security.

(3) It also Controls external access
to the encapsulated Secure
resources, processes and
information.

(4) A Tamper Resistant Barrier is

capable of destroying protected
information in response to
Tampering attempts.

For the purposes of the construction

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 15 of 23

\ %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

of 'Tamper Resistant Barrier,"
"Tamper/Tampering" is defined as
set forth in item #21, above.

23.

use

193.19

683.2

721.1

861.58

891.1

912.8, 912.35

Normal English: to put into service
or apply for a purpose, to employ.

(1) To use information is to perform
some action on it or with it (e.g.,
copying, printing, decrypting,
encrypting, saving, modifying,
observing, or moving, etc.).

(2) In VDE, information Use is
Allowed only through execution of
the applicable VDE Control(s) and

floti(>rQMiAn oil iv>nni rnm nri'tr

sausiacuon or ail requirements
imposed by such execution.

For the purposes of the construction
of "Use," "Allowed" is defined as set
forth in item #8 above.

24.

virtual distribution
environment

900.155

Also as set forth in
each "claim as a
whole" by
Microsoft.

This term is contained in the
preamble of the claim and should
not be defined, other than as
requiring the individual claim
elements. The term "virtual
distribution environment" should not
be read into claims that do not
actually recite it.

Without waiving its position that no
separate definition is required, if
required to propose such a
definition, InterTrust proposes the
following: secure, distributed
electronic transaction management
and rights protection system for
controlling the distribution and/or
other usage of electronically
provided and/or stored information.

VDE/Virtual Distribution
Environment:

(1) Data Securitv and Commerce
World: InterTrust' s February 13,
1995, patent application described as
its "invention" a Virtual
Distribution Environment ("VDE
invention") for securing,
administering, and auditing all
security and commerce digital
information within its multi-node
world (community). VDE
guarantees to all VDE "participants"
identified in the patent application
that it will limit all Access to and
Use (i.e., interaction) of such
information to authorized activities
and amounts, will ensure any
requested reporting of and payment
for such Use, and will maintain the
availability, secrecy, integrity, non-
repudiation and authenticity of all
such information present at any of
its nodes (including protected
content, information about content
usage, and content Controls.).

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 16 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

VDE is Secure against at least the
threats identified in the Feburary
1995, patent application to this
availability (no user may delete the
information without authorization),
secrecy (neither available nor
disclosed to unauthorized persons or
processes), integrity (neither
intentional nor accidental alteration),
non-repudiation (neither the receiver
can disavow the receipt of a message
nor can the sender disavow the
origination of that message) and
authenticity (asserted characteristics
are genuine). VDE further provides
and requires the components and
capabilities described below.
Anything less than or different than
this is not VDE or the described
"invention."

(2) Secure Processing Environment:
At each node where VDE-protected
information is Accessed, Used, or
assigned control information, VDE
requires a Secure Processing
Environment (as set forth in item
#6).

(3) VDE Controls: VDE Allows
Access to or Use of protected
information and processes only
through execution of (and
satisfaction of the requirements
imposed by) VDE Controls).

(4) VDE Secure Container: See
construction of Secure Container.

(5) Non-Circumventable: VDE is
non-circumventable (sequestered).
H iiHciwcpu> aii diicnipis uy any anu
all users, processes, and devices, to
Access or Use, such as observing,
interfering with, or removing)
protected information, and prevents
all such attempts other than as

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 17 of 23

\ %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

allowed by execution of (and
satisfaction of all requirements
imposed by) associated VDE
Controls within Secure Processing
Environments).

f6) Peer to Peer: VDE is peer-to-
peer. Each VDE node has the innate
ability to perform any role identified
in the patent application (e.g., end
user, content packager, distributor,
Clearinghouse, etc.), and can
protect information flowing in any
direction between any nodes. VDE
is not client-server. It does hot pre-
designate and restrict one or more
nodes to act solely as a "server" (a
provider of information (e.g.,
authored content, control
information, etc.) to other nodes) or
"client" (a requestor of such
information). All types of protected-
content transactions can proceed
without requiring interaction with
any server.

(7) Comprehensive Ranee of
Functions: VDE comprehensivelv
governs (Controls) all security and
commerce activities identified in the
patent application, including (a)
metering, budgeting, monitoring,
reporting, and auditing information
usage, (b) billing and paying for
information usage, and (c)
negotiating, signing and enforcing
contracts that establish users' rights
to Access or Use information.

(8) User-Confieurable: The specific
protections governing (Controlling)
specific VDE-protected information
are specified, modified, and
negotiated by VDE's users. For
example, VDE enables a consumer
to place limits on the nature of
content that may be Accessed at her

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 18 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

node (e.g., no R-rated material) or
the amount of money she can spend
on viewing certain content, both
subject only to other users' senior
Controls.

(9) General Purpose; Universal:
VDE is universal as opposed to
being limited to or requiring any
particular type of appliance,
information, or commerce model. It
is a single, unified standard and
environment within which an
unlimited range of electronic rights
protection, data security, electronic
currency, and banking applications
can run.

(10) Flexible: VDE is more flexible
than traditional information security
and commerce systems. For
example, VDE allows consumers to
pay for only the user-defined portion
of information that the user actually
uses, and to pay only in proportion
to any quantifiable VDE event (e.g.,
for only the number of paragraphs
displayed from a book), and allows
editing the content in VDE
containers while maintaining its
security.

For the purposes of the construction
of "VDE," a "Secure Processing
Environment is defined as set forth
in item #6, above.

For the purposes of the construction
of "VDE," "Access 79 is defined as set
forth in item #8, above.

25.

193.1: "a budget

speciiymg luc
number of copies
which can be made
of said digital file"

Normal English, incorporating the

stating the number of copies that can
be made of the digital file referred to
earlier in the claim.

A Budget explicitly stating the total

nnmhpr nfpnnipc fwhpfVipr nr nnt

decrypted, long-lived, or accessible)
that (since creation of the Budget)
are authorized to be made of the
Digital File by any and all users,
devices, and processes. No process,

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 19 of 23

% %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

user, or device is able to make
another copy of the Digital File once
this number of copies has been
made.

For the purposes of the construction
of this phrase, "Digital File" is
defined as set forth in item #6,
above.

26.

193.1: "controlling
the copies made of
said digital file"

The nature of this operation is
further defined in later claim
elements. In context, the copy
control determines the conditions
under which a digital file may be
Copied and the copied file stored on
a second device.

Controlling Uses of and Accesses to
all copies of the Digital File, by all
users, processes, and devices, by
executing each of the recited "at
least one" Copy Control(s) within
VDE Secure Processing
Environment(s). Each Control
governs (Controls) only one action,
which action may or may not differ
among the different "at least one"
Controls. All Uses and Accesses
are prohibited and incapable of
occurring except to the extent
Allowed by the "at least one" Copy
Controi(s).

For the purposes of the construction
of this phrase, a "Secure Processing
Environment" is defined as set forth
in item #6, above, and "Access 79 and
"Allowed" are defined as set forth in
item #8, above.

27.

721.1: "digitally
signing a second
load module with a
second digital
signature different
from the first digital
signature, the
second digital
signature
designating the
second load module
for use by a second
device class having
at least one of
tamper resistance

Normal English, incorporating the
separately defined terms: generating
a Digital Signature for the second
load module, the Digital Signature
Designating that the second load
module is for use by a second
Device Class. This element further
requires that the second Device
Class have a different Tamper
Resistance or security level than the
first Device Class.

(1) Digitally Signing a different
("second") Load Module by using a
different ("second") Digital
Signature as the signature Key,
which signing indicates to any and
all devices in the second Device
Class that the signor authorized and
restricted this Load Module for Use
by that device.

(2) No \Dhj device can perform any
execution of any Load Module
without such authorization. The
method ensures that the Load
Module cannot execute in a
particular Device Class and ensures

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 20 of 23

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

and security level
different from the at
least one of tamper
resistance and
security level of the
first device class"

that no device in that Device Class
has the Key(s) necessary to verify
the Digital Signature.

(3) All devices in the first Device
Class have the same persistent (not
just occasional) and identified level
of Tamper Resistance and the same
persistent and identified level of
security. All devices in the second
Device Class have the same
persistent and identified level of
Tamper Resistance and same
persistent and identified level of
security.

(4) The identified level of Tamper
Resistance or identified level of
security (or both) for the first Device
Class, is greater than or less than the
identified level of Tamper
Resistance or identified level of
security for the second Device
Class.

For the purposes of the construction
of this phrase, a "Load Module" is
defined as set forth in item #6,
above, and "Key" is defined as set
forth in item #14, above.

28.

891.1: "securely
applying, at said
first appliance
through use of said
at least one
resource said first
entity's control and
said second entity's
control to govern
use of said data
item"

Normal English, incorporating the
separately defined terms: the first
entity's Control and the second
entity's Control are Securely applied
to govern Use of the data item, the
act of Securely applying involving
use of the resource.

( 1 ) Processing the resource
(component part of a first
appliance's Secure Operating
Environment) within the Secure
Operating Environment's special-
purpose Secure Processing Unit
(SPU) to execute the first Control
and second Control in combination
within the SPU.

(2) This execution of these Controls
governs (Controls) all Use of the
data item by all users, processes, and
devices.

(3) The processing of the resource
and execution of the Controls
cannot be observed from outside the
SPU and is performed only after the

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 21 of 23

\ %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

integrity of the resource and
Controls is cryptographically
verified.

(4) A Secure Processing Unit is a
special-purpose unit isolated from
the rest of the world in which a
hardware Tamper Resistant
Barrier encapsulates a processor
and internal Secure memory.

(5) The processor cryptographically
verifies the integrity of all code
loaded from the Secure memory
prior to execution, executes only the
code that the processor has
authenticated for its Use, and is
otherwise Secure.

29.

900.155: "derives
information from
one or more aspects
of said host
processing
environment"

Normal English, incorporating the
separately defined terms: Derives
(including creates) information
based on at least one Aspect of the
previously referred to Host
Processing Environment

(1) Deriving from the Host
Processing Environment hardware
one or more values that uniquely and
persistently identify the Host
Processing Environment and
distinguish it from other Host
Processing Environments.

(2) The "one or more aspects of said
host processing environment" are
persistent elements or properties of
the Host Processing Environment
itself that are capable of being used
to distinguish it from other
environments, as opposed to, e.g.,
data or programs stored within the
mass storage or main memory, or
processes executing within the Host
Processing Environment.

30.

912.8: "identifying
at least one aspect
of an execution
space required for
use and/or
execution of the
load module"

Normal English, incorporating the
separately defined terms:
identifying an Aspect (e.g. security
level) of an execution space that is
needed in order for the load module
to execute or otherwise be used.

(1) Defining fully, without reference
to any other information, at least one
of the persistent elements or
properties (Aspects) (that are
capable of being used to distinguish
it from other environments of an
execution space) that are required
for any Use, and/or for any
execution, of the Load Module.

(2) An execution space without all
of those required aspects is

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 22 of 23

% %

Claim
Term/Phrase

InterTrust Construction

Microsoft Construction

incapable of making any such
execution and/or other Use (e.g.,
Copying, displaying, printing) of the

J /i/T/i Fin f\n1tt0

JLAJiMX iVlUCiUlC.

For the purposes of the construction
of this phrase, a "Load Module" is
defined as set forth in item #6,
above.

EXHIBIT B TO JOINT CLAIM CONSTRUCTION STATEMENT
Page 23 of 23